How can you voluntarily have your Chapter 13 dismissed without paying for an attorney?
No, it is my personal opinion, as an attorney and also being a person who makes a real effort to deliver services when contracted, it's sort of immoral to get a person to work for you and have some sort of idea that you dont have to pay for their services, at the same time. Specifically, you owe at the very minimum, in quantum merit, for the lawyer's service. Side point: if you dont have an attorney, that's not a problem. You dont have to pay one. Side point: if that lawyer went through all the work to get the Chapter 13 proceeding filed, and all the benefits you had to get from the actions of the attorney, doesn't it sort of make sense that you sort of owe him? Lastly, the lawyer's bill is what is called 'unsecured' Which means you can shaft him at will. You need to understand, in my opinion, not paying the lawyer who has done stuff for you, is like not paying the auto mechanic who fixed your car: shafting and not a universal joint.
Are recent debts accrued after filing a no asset bankruptcy case discharged along with listed debts?
If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7…
How can you convert from a Chapter 13 to a Chapter 7 without your spouse even though both are on a dismissed with prejudice Chapter 13?
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which…
Can a dismissed case be re-opened The court never said if it was dismissed with or without prejudice. Just that the case was dismissed and I was free to go?
When a case is dismissed with prejudice the State cannot refile the charges. Added: When it is dismissed WITHOUT prejudice, the charges CAN be re-filed and you can be prosecuted. Regardless of what you remember, the original case file will reflect in what manner the original case was resolved. Do the research or ask your attorney.
What is your liability to harassing creditors if after six years your Chapter 13 bankruptcy was dismissed by the trustee?
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the…
What do you do when a case has being dismissed and after a month or two is back in the system stating a warrant arrest on inmate and can not get in contact with his lawyer?
If the case re-appeared in the system after being "dismissed' - that means it must have been dismissed "WITHOUT PREJUDICE." This means that the original charge was somehow legally faulty and the judge dismissed it. WITHOUT prejudice means that the prosecutor, after correcting the deficiency, can re-file the charge. If the judge had dismissed it WITH prejudice, the case could not have been re-filed. About your being unable to reach your attorney.... I cannot comment…
What does it mean after you get arrested and get out without a bond because paperwork was not filed in time?
Not every case is eligible court-appointed attorney, so in order to request the aid of a court-appointed attorney, the defendant is required to file for assistance. To find an attorney that is not court-appointed, but willing to work pro bono (voluntarily without pay), you should speak directly to the attorney and plead your case.
What action can be taken when your attorney files a motion to have your lawsuit dismissed without your knowledge?
What is the statute of limitations for refiling criminal charges on a case dismissed without prejudice in Utah?
I'm not totally sure, but I don't believe that there is one. Technically you are a free person and without charge. But, if/when the prosecutor once again has sufficient information to charge you, he may do so. Best thing - have your attorney petition the court to have the charge totally dismissed for "Want of Prosecutiron.'
Nothing is known about the circumstances of your question. It MAY be, but there is no guarantee. Your attorney would have to mount a convincing argument to the court that the search WAS improper. Even if that hapopens there may be enough evidence to convict you anyway, even without the search. Consult with your attorney.
Once a case has been dismissed without prejudice how does the plaintiff go about reinstating the case?
Once a case has been dismissed without prejudice (usually as a result of inactivity), you have to start over. Either rewrite the petition, or use the same petition if it was good enough in the first place, and file it as if it were the first time. Pay the filing fee again. You will want an attorney to handle this for you.
Yes you can change courts because the case in question is; "without prejudice". Define prejudice. This will be your starting point as to the why the case can change courts. Another View: The ruling "Dismissed Without Prejudice" indicates that the court has given the prosecution the option of re-opeing the case if they choose. If this occurs, you have the right to request a change of venue, but you (or your attorney) will have to…
Cases are dismissed "for want of prosecution" when the plaintiff fails to actively pursue the claim. This happens sometimes when lawyers are handling too big of a case load, for example, and lose track of things. You, the client, don't realize that the lawyer hasn't done much, if anything, on your case, and suddenly it is "dismissed". If the case is "dismissed without prejudice", you can re-file the case -- and you might consider finding…
I had a misdemeanor case in which I plead guilty reopened in Mich with both the convicting judge prosecuting attrny judge changed the judgment to not guilty case dismissed is this still a conviction?
No. Once it is overturned and dismissed, it ceases being a conviction. You might need to have some paperwork cleaned up to reflect that. When it is overturned and then dismissed it ceases being a conviction. If the case was dismissed with prejudice, it may not be over. If the case was dismissed without prejudice, you are a free person with that conviction. Point of advice, unless you are fully prepared to do the time…
no Another View: Yes, it could be, depending on HOW the case was dismissed. If the judge dismissed the case WITH prejudice it cannot be re-opened. If it was dismissed WITHOUT prejudice it can be. However, if a criminal case is dismissed without prejudice it may not be re-opened IF the applicable statute of limitations for that crime in that situation has lapsed.
How far can i go with a lawsuit against the city of Irving Texas and the state of Kentucky I was arrested on allegations of rape and sodomy Case dismissed but there was slander and discrimination?
If the criminal charges of rape and sodomy were subsequently dismissed (BUT, you don't say if it was dismissed WITH or WITHOUT prejudice!) I would say that you have no cause of action on the disposition of the criminal charges. However allegations of slander and discrimination are CIVIL charges and are separate and apart from the criminal action. Contact a good civil attorney for advice.
If you filed chapter 13 in 1998 and it was dismissed by the court are you still liable to the creditors?
"Dismissed" is different from "discharged". If you truly mean "dismissed" (i.e., without a discharge), it's as if you never filed; you still owe, assuming the statute of limitations hasn't run on the debt (that varies by state). That usually happens only if you didn't follow all the rules. If you actually meant "discharged" (as normally happens at the end of a successful bankruptcy case, including Chapter 13), you don't owe. Technically, the debt still exists…
If behind on Chapter 13 payments can a dismissal be prevented or reversed if payment is made for past due amount?
Convicting Judge and prosecuting attorney in Michigan agree to reopen a case that you plead guilty to it was changed to not guilty case dismissed is this still a conviction?
The question raises more questions than it wants answered. Which was it? Were you found "Not Guilty" or was the case "Dismissed." If your original guilty plea was reversed - you were re-tried - and then found not guilty, then you're NOT GUILTY, and it will NOT show as a conviction. If your original guilty plea was reversed - and was THEN 'dismissed" without any retrial, that, too, is NOT a conviction. The court finding…
Yes, that's what 'without prejudice' means. When something is dismissed with prejudice, this is due to some kind of misconduct on the side of the party making the claim. They're then disallowed from refiling it. However if it's dismissed without prejudice, often due to a precedural error, it can be refiled.
Dismissed without prejudice implies that that there would not be a statute of limitations because it was dismissed without prejudice. Dismissed with prejudice would carry the Statute of lim. The judge that signed the order will usually specify a look back period. Its varies case by case typically SOL is a 7-10 yr period but in some circumstances it s a shorter period of time.
Judgement dismissed mean the verdict or penalty is dismissed but the case is still active. Case dismissed mean just that. The case is dismissed probably because it has no merit. Added: If the case is dismissed - make certain you know under what circumstances it is dismissed. Dismissed WITH prejudice means it may have no merit, the case is dead and cannot be refiled. HOWEVER - dismissed WITHOUT prejudice means that the case CAN be…
The attorney or the party whose case is dismissed will be able to make a motion to reinstate the case. This would have been a procedural dismissal and would likely have been made without prejudice to being refiled or reinstated. If the absence had been due to some type of excusable neglect or unavoidable circumstances, the court will probably reinstate the case. If the attorney deliberately without excuse missed the court date, the party might…
Not enough information is given. HOW was it desmissed WITH prejudice, or WITHOUT prejudice? If it was dismissed with prejudice it cannot be re-filed and the case (for THAT particular charge) is over and done with. If it was dismissed without prejudice, that means the case can be re-filed and re-opened by the prosecutor.